Withdrawal without liberty bars a fresh writ challenge to recovery and possession proceedings under the State Financial Corporations Act.

A subsequent writ challenge to action under Section 29 of the State Financial Corporations Act, 1951 was held not maintainable where an earlier writ on the same recovery and possession proceedings had been withdrawn without liberty to file a fresh petition on the same cause of action. The earlier withdrawal permitted only recourse to the authorities for re-scheduling of dues and consideration of representations, not a renewed writ challenge. On that basis, the later petition, brought after a long lapse of time, could not be entertained and was liable to be dismissed.

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Issues: Whether the present writ petition challenging the action under Section 29 of the State Financial Corporations Act, 1951 was maintainable after the petitioner had earlier withdrawn a similar writ petition without liberty to file a fresh petition on the same cause of action.

Analysis: The earlier writ petition challenging the same recovery and possession proceedings had been withdrawn with liberty only to approach the concerned authorities for re-scheduling of dues and consideration of representations. No permission had been granted to institute a fresh writ petition on the same cause of action. In these circumstances, the subsequent challenge to the same action after a long lapse of time could not be entertained.

Conclusion: The writ petition was not maintainable and was liable to be dismissed.

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